McMILLAN v. NEWTON

No. 8212SC568.

306 S.E.2d 470 (1983)

Will C. McMILLAN, Administrator of the Estate of Peggy Stephens McMillan v. Willie Ricky NEWTON and David F. Green.

Court of Appeals of North Carolina.

September 6, 1983.


Attorney(s) appearing for the Case

A. Maxwell Ruppe, Fayetteville, for plaintiff-appellant.

Nance, Collier, Herndon & Ciccone, by James R. Nance, and Anderson, Broadfoot, Anderson, Johnson & Anderson, by Hal W. Broadfoot, Fayetteville, for defendants-appellees.


WEBB, Judge.

The granting of the motion for summary judgment by the defendant David F. Green did not dispose of all claims in the action and is not a final judgment. We believe the judgment does affect a substantial right which could work injury to the appealing party if not corrected prior to a final judgment. The plaintiff's claim against the defendant Green has been dismissed. If plaintiff gets a judgment against the other defendant, it could be of little use to...

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